(a)
A person shall be guilty of disorderly conduct (a petty offense chiefly
against public disorder and decency that falls short of an indictable
misdemeanor) if, with a purpose to cause public danger, alarm, disorder,
nuisance, or if such conduct is likely to create such public danger,
alarm, disorder or nuisance, he willfully:
(1)
Creates a disturbance of the public order by an act of violence;
(2)
Engages in fighting, or in violent, threatening or tumultuous
behavior;
(3)
Makes any unreasonably loud noise;
(4)
Addresses abusive language or threats to any person present
which creates a clear and present danger of violence;
(5)
Causes likelihood of harm or serious inconvenience by failing
to obey a lawful order of dispersal by a police officer where one
or more persons are committing acts of disorderly conduct in the immediate
vicinity;
(6)
Damages, befouls or disturbs public property or property of
another so as to create a hazardous, unhealthy or physically offensive
condition; or
(7)
Commits a trespass on public, semi-public or private property.
Trespass for the purpose of this article shall mean:
(A)
Entering upon, or refusing to leave, any public, semi-public
or private property of another, either where such property has been
posted with "NO TRESPASSING" signs, or where immediately prior to
such entry, or subsequent thereto, notice is given by the owner or
occupant, orally or in writing, that such entry, or continued presence,
is prohibited.
(B)
Entering upon, or refusing to leave, any public or semi-public
property in violation of regulations promulgated by the official charged
with the security, care or maintenance of the property and approved
by the governing body of the public agency owning such property, where
such regulations have been conspicuously posted or where immediately
prior to such entry, or subsequent thereto, such regulations are made
known by the official charged with the security, care or maintenance
of the property, his agent or a police officer.
(b)
This Section shall not apply to peaceful picketing, public speaking
or other lawful expressions of opinion not in contravention of other
laws.
(a)
A person shall be guilty of disorderly conduct if he shall remain
idle in essentially one location in a public place in such manner
so as to:
(1)
Create or cause to be created a danger of a breach of the peace.
(2)
Create or cause to be created any disturbance or annoyance calculated
to interfere with the comfort and repose of any person.
(3)
Obstruct the free passage of pedestrians or vehicles.
(4)
Obstruct, molest, or interfere with any person lawfully in any
public place.
(5)
Make unsolicited remarks of an offensive, disgusting or insulting
nature or which are calculated to annoy or disturb the person to,
or in whose hearing, they are made.
(b)
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing any of the conditions enumerated in Subsection (a) herein, he may if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place and any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
[R.O. 1957, 10:3-1 to 10:3-12, as amended Aug. 3, 1970; MC
1988-14, § 1, amended Sept. 6, 1988]
(a)
No person shall willfully make or cause to be made any loud, boisterous
or unseemly noise or disturbance to the annoyance of any other person;
provided, nothing contained in this section shall restrict or limit
the normal use to be made of parks, recreation places, playing fields
and playgrounds.
(b)
No person shall, for commercial purposes, or in connection with any
commercial enterprise, erect or locate any device or apparatus in
or on the exterior of premises owned or occupied by him which, by
mechanical or electrical means, emits any loud sounds or noises, so
as to annoy or disturb passersby on the street or the general public.
The provisions of this section shall not apply, in time of emergency,
to any announcement or broadcast of any current events of public interest.
(c)
No person shall operate, or cause or allow to be operated, any engine
of any motor vehicle unless the exhaust therefrom shall be so muffled,
controlled or insulated that it shall make no noise that will be offensive
to any of the inhabitants.
(d)
No person shall play, use, operate or permit to be played, used or
operated a radio receiving set, vehicle radio, musical instrument,
phonograph or other machine or device for the production or the reproduction
of sound with louder volume than is necessary for convenient hearing
of the person so playing, using or operating such instrument or device
and such persons who are voluntary listeners thereto, or in such manner
as to disturb the peace, quiet and comfort of neighboring inhabitants
or the public. The use or operation of any such instrument, radio,
phonograph, machine or device in such a manner as to be plainly audible
at a distance of one hundred (100) feet from the building, structure,
vehicle or place in which it is used or operated shall be prima facie
evidence of a violation of this article. Nothing herein contained
shall be construed to prohibit playing by a band or orchestra in a
hall, building or in the open air.
(e)
No hawker, peddler or vendor shall shout or cry out his goods, wares
and merchandise upon a street or public place between the hours of
6:00 p.m. and 8:00 a.m.
(f)
No person shall on Sunday and upon any other day of the week between
the hours of 6:00 P.m. and 7:00 a.m. operate and use tools or equipment
in conducting any excavation, demolition, erection, alteration, repair
or other construction within one thousand (1,000) feet of any dwelling
or business property which shall make any loud or disturbing noise,
except in case of urgent necessity in the interest of public safety
and then only upon obtaining a permit from the Department of Public
Works.
(g)
Nothing contained herein shall prohibit the construction on Sunday
of a house of worship, education facility, library or similar building
by a nonprofit religious, educational or other eleemosynary institution,
when such construction is performed by members of the institution,
without compensation and when such activity is carried on between
the hours of 12:00 noon and 6:00 p.m.
[R.O. 1957, 6:11-9]
No person shall solicit the sale of merchandise in a noisy,
persistent or offensive manner. He shall not obstruct the passage
of vehicles or pedestrians upon any street, sidewalk or public place.
[1]
State law reference: As to regulation of processions and parades,
see N.J.S.A. 50:67-1.
No person shall cause or participate in any riotous, turbulent,
disorderly or noisy assemblages or gatherings of persons in the streets
or other public places.
[MC 1997-5, March 17, 1997; MC 2005-13, § 1, July
5, 2005]
This Section shall be known and may be cited as the "Juvenile
Curfew Act."
[MC 1997-5, March 17, 1997; MC 2005-13, § 1, July
5, 2005]
(a)
The Municipal Council of the City of Plainfield (the "Council")
has determined that there has been an increase in juvenile violence,
juvenile gang activity and crime by persons under the age of eighteen
(18) years in the City of Plainfield and that much of said activity
takes place during night and evening hours and on school days during
the hours in which school is in session.
(b)
The Council has determined that persons under the age of eighteen
(18) years are particularly susceptible, because of their lack of
maturity and experience, to participate in unlawful and gang-related
activities and to be the victims of older perpetrators of crime.
(c)
The Council has determined that a curfew for those under the
age of eighteen (18) years during night-time hours, and between the
ages of six (6) and fifteen (15) during school hours meets a very
real community need and will be in the interest of public health,
safety and general welfare of the community; and will help to attain
these objectives and to diminish the undesirable impact of this conduct
on the citizens of the City of Plainfield.
(d)
The Council has determined that passage of a curfew ordinance
will protect the welfare of juveniles by:
(1)
Reducing the likelihood that juveniles will be the victims of
criminal acts during the curfew hours and during the hours that school
is in session;
(2)
Reducing the likelihood that juveniles will become involved
in criminal acts or exposed to narcotics trafficking during the curfew
hours and during the hours that school is in session; and
(3)
Aiding parents or guardians in carrying out their responsibility
to exercise reasonable supervision of juveniles entrusted to their
care.
[MC 1997-5, March 17, 1997; MC 2005-13, § 1, July
5, 2005]
For the purpose of this Ordinance the following terms, phrases,
words and their derivations shall have the meaning given herein:
An organization of worship, assembly, or an organized and
identifiable community group, corporation or organization engaged
in an activity of which the juvenile is a member or participant, or
invitee, which organization takes responsibility for the juvenile
activities during the time the juvenile is participating. Community
based organization shall include, but not be limited to organizations
such as the YMCA, YWCA, Boys and Girls Club, Boy Scouts, nonprofit
corporations, Girl Scouts, Red Cross, day-care centers, after-school
organizations, religious organizations, groups or assemblies. It shall
also include businesses and organizations that offer or sponsor dance
classes, martial arts, physical training or development, tutoring
or educational classes, health care or medical training, parenting
classes and athletic activities.
This definition is not intended to limit the type or number
of organizations that provide or sponsor bona fide activities to enrich
and/or assist juveniles to develop culturally, spiritually, socially,
mentally, physically or educationally. To the extent not specifically
identified herein, enforcement action shall be limited to those situations
in which an average, reasonable member of the community would not
consider such juvenile to be engaged in such activity.
The activities contemplated by this provision would include
but not be limited to sporting events, dances, entertainment events,
concerts, debates, seminars, workshops, religious activities, observances,
fund raising events, rallies, political activities or other bona fide
designed to enrich and/or assist juveniles to participate in cultural,
spiritual, social, mental, physical or educational activities.
Night curfew hours when school is in regular session shall be
between the hours of 10:00 P.M. until 5:30 A.M. on Sunday through
Thursday nights, and between 11:59 P.M. and 5:30 A.M. on Friday and
Saturday nights.
Night curfew hours when school is not in regular session shall
be between the hours of 11:59 P.M. and 5:30 A.M. all nights.
Day curfew hours shall consist of the hours that school is in
regular session.
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term "emergency" includes
but is not limited to a fire, a natural disaster, an automobile accident,
or an accident or event involving serious bodily injury or loss of
life or any situation that requires immediate action.
Any privately owned place of business operated for profit
to which the public is invited, including, but not limited to, any
place of amusement or entertainment, store, tavern, saloon, restaurant
or any other commercial or business establishment or place.
A person, other than a parent, to whom legal custody of the
juvenile has been given by court order or who is acting in the place
of the parent, or is responsible for the care, custody, control and
welfare of the juvenile.
With respect to a parent or guardian, knowledge which a parent
or guardian is reasonably expected to have concerning the whereabouts
of a juvenile in his or her legal custody and
With respect to an owner, operator or employee of an establishment,
knowledge that a reasonable person is expected to have concerning
the status of a person as a juvenile, including prior contacts with
such person.
For purposes of the night curfew hours, a juvenile is defined
as a person who is under the age of eighteen (18) years of age as
of his/her last birthday prior to the date of the violation of this
section, but does not include a judicially emancipated juvenile or
a married juvenile.
For purposes of the day curfew hours, a juvenile is defined
as any person between the ages of six (6) and fifteen (15).
Any individual, firm, association, partnership, corporation,
limited liability company or other entity that operates, manages or
conducts any establishment. The term "operator" includes the members
or partners of an association, partnership or limited liability company
and the officers of a corporation.
A natural parent, adoptive parent, stepparent or any person
over the age of twenty-one (21) years who has legal custody either
by court order, temporary custody placement via DYFS; marriage of
any juvenile or who is authorized by the natural parent, adoptive
parent, stepparent or custodial parent of a child to be a caretaker
for the child.
Any place to which the public or a substantial group of the
public has access, including but not limited to, a public street,
road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation
or shopping area, public transportation facility, vehicle used for
public transportation, parking lot or any other public building, structure
or area.
To linger or stay or fail to leave a public place or establishment
when requested to do so by a police officer or the owner, operator
or other person in control of the establishment.
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement or protracted loss
or impairment of the function of any bodily member or organ.
[MC 1997-5, March 17, 1997; MC 2005-13, § 1, July
5, 2005]
(a)
It shall be unlawful for any juvenile under the age of eighteen
(18) years to remain in or upon any public street or in a public place
or on the premises of any establishment within the City of Plainfield
during the night curfew hours, unless accompanied by the juvenile's
parent or guardian.
(b)
It shall be unlawful for a juvenile between the ages of six
(6) and fifteen (15) years of age to be in any public place during
the hours when the juvenile is required to be in attendance at either
a public or nonpublic school, unless the juvenile is accompanied by
a parent or guardian, or is carrying written permission from the juvenile's
educational authority allowing the juvenile to be in a public place.
(c)
It shall be unlawful for any parent or guardian of a juvenile
to knowingly or negligently permit or by insufficient control allows
the juvenile to be in any public place or on the premises of an establishment
within the City of Plainfield during night and day curfew hours.
(d)
It shall be unlawful for any parent or guardian of a juvenile
to allow or permit any juvenile to be in any public place when the
juvenile is required to be in attendance at either a public or nonpublic
school unless accompanied by a parent or guardian or is carrying written
permission from the juvenile's educational authority or has been
officially excused or barred from attendance by school authorities.
(e)
It shall be unlawful for any owner, operator or any employee
of an establishment to knowingly permit a juvenile to remain upon
the premises of an establishment during curfew hours.
[MC 1997-5, March 17, 1997; MC 2005-13, § 1, July
5, 2005]
(a)
It is a defense to prosecution under this Ordinance if any of
the following apply:
(1)
The juvenile is accompanied by the juvenile's parent or
guardian;
(2)
The juvenile is accompanied by an adult over twenty-one (21)
years of age authorized by a parent to accompany the juvenile for
a designated period of time and specific purpose within a specific
area;
(3)
The juvenile is exercising First Amendment rights protected
by the Constitution, such as free exercise of religion, freedom of
speech and the right of assembly;
(4)
There exists a case of an emergency or reasonable necessity,
but only after the juvenile's parent or guardian has confirmed
the facts establishing the emergency or reasonable necessity, including
the points of origin and destination, the specific streets at a designated
time for a designated purpose or, in the absence of a parent or guardian,
an emergency or reasonable necessity of urgency, wherein the juvenile
must take immediate action on his or her own;
(5)
The juvenile is on the sidewalk that abuts the juvenile's
residence or the sidewalk that abuts the residence of the next-door
neighbor if the neighbor did not object to the juvenile's presence
on the sidewalk;
(6)
The juvenile is in attendance at, or returning home by a direct
route from and within thirty (30) minutes of the termination of an
extracurricular or official school activity, or participating in other
cultural, educational and social events sponsored and monitored by
an educational, religious, or community based organization during
curfew hours.
(7)
The juvenile is in a motor vehicle with the consent of his or
her parent or guardian engaged in normal travel, either intrastate
or interstate, through the City of Plainfield;
(8)
The juvenile is traveling, without detour or stop, to or from
a business or occupation which the laws of the State of New Jersey
authorize a juvenile to perform; or
(9)
The juvenile is in attendance at, or returning home by a direct
route and within thirty (30) minutes of the termination of a family
or private social meetings, gathering or assembly, whether that gathering
be at a private home or establishment, of which the juvenile's
parent or guardian has knowledge and has given permission for the
juvenile to attend and which is also conducted under the supervision
of an adult over the age of twenty-one (21).
(10)
The juvenile is on the sidewalk or property where the juvenile
resides.
(11)
Where the juvenile carries a letter or other written document
verifying employment during curfew hours, signed by the juvenile's
employer and briefly identifying the juvenile, the juvenile's
home address and the juvenile's place of employment, and hours
of work or when the juvenile has a written work permit and is enroute
to and from employment.
(12)
On an errand at the written approval and direction of the juvenile's
parent or guardian, without any detour and by the most direct route
to and from the juvenile's home.
(b)
It is a defense to prosecution under Sections 10:8-8.4(e) that the owner, operator or employee of an establishment promptly notified the Plainfield Police Division that a juvenile was present on the premises of the establishment during curfew hours or school hours and refused to leave.
[MC 2005-13, § 1, July 5, 2005]
Additional exceptions to be included under this Ordinance shall
be considered by the Council as warranted by future experience illuminated
by the views of student government associations, school personnel,
citizens, associations, parents, officers and persons in authority
concerned positively with juveniles as well as with juvenile delinquency,
and as guided and directed by judicial authorities or State law.
[MC 1997-5, March 17, 1997; MC 2005-13, § 1, July
5, 2005]
(a)
Before taking any enforcement action under this Ordinance, a
police officer shall ask the apparent offender's age and reason
for being in the public place or establishment. The officer shall
first warn the juvenile that he or she is in violation of curfew and
shall, direct the juvenile to proceed at once to his or her home or
alternate lawfully authorized residence.
The officer shall make every reasonable effort to immediately
verify the statement or other information provided by the suspected
juvenile through written documentation, contact with the parents,
guardian, school or other adults. The officer shall not issue a citation
or take a juvenile into custody under this Ordinance unless the officer
reasonably determines that an offense has occurred and that, based
on any given response and other circumstances, none of the exceptions
in this Ordinance are present.
(b)
If a police officer determines that a juvenile is committing
a curfew offense, the police officer shall take the juvenile to the
Plainfield Police Division headquarters.
(c)
If a juvenile is taken by the Plainfield Police Division to
police headquarters, the police shall make every reasonable effort
to immediately contact the juvenile's parent, guardian or an
adult person. The juvenile's parents, guardian or an adult person
acting in loco parentis with respect to the juvenile shall be contacted
and take custody of the juvenile. The Police Division may request
and obtain from the parent, guardian or adult person acting in loco
parentis an appropriate form of identification and require that they
sign the appropriate juvenile release form.
(d)
A juvenile who is released to a person acting in loco parentis
with respect to the juvenile shall not be taken into custody for violation
of this Ordinance while returning home with the person acting in loco
parentis. If no one claims responsibility for the juvenile, the juvenile
may be taken to the juvenile's residence or placed in the custody
of the appropriate official of the Division of Youth and Family Services
or Juveniles in Need of Supervision Shelter.
(e)
A written warning shall be issued to a first and second offender
and served upon the parent or guardian in person or by certified mail
advising the parent or guardian of the date, time and location of
the violation, and the penalties that may be imposed for subsequent
violations. The Police Division shall keep a written record of all
warnings issued.
(f)
After receipt of the warning notices, if the juvenile commits
a third curfew violation, he or she shall be subject to a Notice to
Appear and Complaint under the provisions of this Ordinance.
(g)
In appropriate cases, the Police Division may refer the matter
to the appropriate juvenile authorities as a "juvenile family crisis"
pursuant to N.J.S.A. 2A:4A-22.
(h)
The provisions of this Ordinance shall not limit the power of the Police Division to charge parents, guardians or the owners, operators or employees of business establishments with violations of this Ordinance pursuant to Section 10:8-8.4.
(i)
The Director of Public Affairs and Safety shall be responsible
to make periodic reviews of the practical aspects of enforcement and
interpretation of this Ordinance, including the need for clarification
or relaxation of any term or provision contained herein as well as
the need for continued or discontinued curfew regulations. The Director
of Public Affairs and Safety shall consult with the Board of Education
as necessary to ensure effective coordination and enforcement of the
day time curfew.
When the application of this Ordinance to a particular act or
activity of a juvenile is unclear or ambiguous, the less restrictive
interpretation shall be deemed to be the intent of this Ordinance.
[MC 1997-5, March 17, 1997; MC 2005-13, § 1, July
5, 2005; amended 2-5-2018 by Ord. No. MC 2018-01]
The following penalties may be imposed:
[MC 1997-5, March 17, 1997; MC 2005-13, § 1, July
5, 2005]
Any or all ordinance inconsistent with this Ordinance are hereby
repealed to the extent of any such inconsistency.
[MC 1997-5, March 17, 1997; MC 2005-13, § 1, July
5, 2005]
Severability is intended throughout and within the provisions
of this Ordinance. If any provision, including, any exemption, part,
phrase, definition or term or the application thereof to any person
or circumstance, is held invalid, the application to other persons
or circumstances shall not be affected thereby and the validity of
this Ordinance in any and all other respects shall not be affected
thereby.
